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' 201404043
<br /> DEED OF TRUST
<br /> Loan No: 81005826 (COntlnued) Page 4
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br /> Deed of Ttust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on
<br /> Trustor which Trustor is authorized or required to deduct firom payments on the Indebtedness secured by this type
<br /> of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note;
<br /> and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Trustor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of
<br /> Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its
<br /> available remedies for an Event of Default as provided below unless Tru§tor either (1) pays the tax before it
<br /> becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
<br /> Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCWG STATEMENTS. The following provisions relating to this Deed of Trust as a
<br /> , security agreement are a part of this Deed of Trust:
<br /> Seeurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br /> constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commerciai Code
<br /> as amended from time to time.
<br /> Security Intarest. Upon request by Lender, Trustor shali take whatever action is �equested by Lender to perfect
<br /> and continue Lender's security interast in the Rents and Personal Property. I.n addition to recording this Deed of
<br /> Trust in the reai property records, Lender may, at any time and without further authorization from Trustor, file
<br /> executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall
<br /> reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor
<br /> shall not remove, sever or detach the Personal Property from the Property. Upon defauit, Trustor shall assemble
<br /> any Personal Property not affixed to the Property ir a manner and at a piace reasonably conuenient to Trustor and
<br /> Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the
<br /> extent permitted by applicable Iaw.
<br /> Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
<br /> conceming the security interest granted by this Deed of Trust may be obtained Ieach as required by the Uniform
<br /> ' Commercial Code) are as stated on the first page of this Deed of Trust.
<br /> I FURTHER ASSURANCES; ATTORNEY-IN-FACT. The foilowing provisions relating to further assurances and
<br /> attorney-in-fact are a part of this Deed of Trust:
<br /> I Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and
<br /> deliver, or wiii cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br /> Lendet, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br /> and places as Lender may deem appropriate, any,and all such mortgages, deeds of trust, security deeds, security
<br /> agreements, financing statements, continuation statements, instruments of further assu�ance, certificates, and
<br /> other documents as rnay, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br /> perfect, conti�ue, or preserve (1) Trustor's obligations unde� the Note, this Deed of Trust, antl the Related
<br /> Documents, and (2) the liens and security interests created by this Deed of Trust as fiirst and prior liens on the
<br /> � Property, whether now owned or hereafter acquired 'oy Trustor. Unless prohibited by law or Lender agrees to the
<br /> i contrary in writing, Trustor shall reimburse Lende� for all costs and expenses incurred in connection with the
<br /> � matters refe�red to in this paragraph.
<br /> �' Attorney-in-Fact. If Trusto�fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br /> for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints
<br /> Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br /> other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br /> the preceding paragraph.
<br /> FULL PERFORMANCE. If Trustor pays all the Indebtedness, inciuding without limitation all future advances, when due,
<br /> I and otherwise performs all the obiigations imposed upon Trustor under this Deed of Trust, Lender shall execute and
<br /> I deliver to Trustee a request for full reconveyance and shai! execute and deliver to Trustor suitable statements of
<br /> I termination of any fCnancing statement on file evidencing Lender's security interest in the Rents and the Personal
<br /> � Property. F�ny reconveyance fee required by faw shall be paid by Trustor,if permitted by appticabie law.
<br /> EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event ofi Default under this Deed
<br /> of Trust:
<br /> Payment Default. Trustor fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition
<br /> contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,
<br /> obligation,covenant or condition contained in any other agreement between Lender and Trustor.
<br /> Comp{iance Default. Failure to comp}y with any other term, obligation, coVenant or condition contained in this
<br /> Deed of Trust,the Note or in any of the Related Documents.
<br /> Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment
<br /> fior taxes or insurance,or any other payment necessery to prevent filing of or to efifect discharge of any lien.
<br /> Default en Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br /> ' purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br /> affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Gxantor's abiliry to perform
<br /> I Grantor's obligations under this Deed of Trust or any of the Related Documents.
<br /> I False Statements. Any warranty, representation or statement made or furnished to Lender by Trustor or on
<br /> Trustor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
<br /> either now or at the time made or fiurnished or becomes faise or misieading at any time thereafter.
<br /> Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and
<br /> effect (including failure of any collateral document to create a valid and perfected security interest ar lien) at any
<br /> time and for any reason.
<br /> �I Deafh or Insolvency. The death of Trustor,the insoiveracy of Trustor,the appointment of a receiver for any part of
<br /> Trustor`s property, any assignment for the benefit of creditors, any type of creditor workout, or the
<br /> commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
<br /> Creditor or Forfeiture Proceedings. Commencementi of forecfosure or forfeiture proceedings, whether by judicial
<br /> proceeding, self-help, repossession or any other method, by any creditor of Trustor or by any governmental agency
<br /> against any property securing the lndebtedness. This includes a garnishment of any of Trustor's accou:nts,
<br /> including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith
<br /> dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
<br /> proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br /> Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,in its
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